Speaking about Trademarks, Copyright and the Internet, by Chicago Trademark Attorney Mark V.B. Partridge

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Guiding Rights
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GUIDING RIGHTS: Trademarks, Copyright and the Internet, by Mark V.B. Partridge, explains the trademark and copyright principles guiding rights on the Internet in clear and accessible terms.

$24.95 hard cover; $14.95 paperback
ISBN: 0-595-65957-8

"This collection of short articles on a wide range of issues of copyright and trademark law, by one of the nation's most prominent trademark lawyers, manages to convey the nuance of the subject in language that is clear and immensely readable. This is a hugely versatile book. For scholars, the book contains valuable insights; law students will come to rely on it to explain difficult concepts in easy-to-understand terms; and practioners will be scanning it for help with some of the knottiest problems around."

Graeme Dinwoodie, Professor, Associate Dean and Director of the Program in Intellectual Property Law, Chicago-Kent, College of Law

ORDER BOOK HERE

"Guiding Rights is a unique presentation of information covering key concepts relating to the protection, enforcement and licensing of trademarks and copyrights. Mr. Partridge presents a well organized compilation of lessons that provide practical insight for understanding and handling many trademark and copyright issues that arise for companies in everyday life. Also the book discusses in a concise and effective manner the effect of significant cases from both the distant and recent past which helped shape important trademark and copyright principles."

Harrie Samaras, Attorney, Chair, Committee on Intellectual Property Organizations, AIPLA

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View Article  Small Business Success - The Guiding Rights Newsletter 1:5
When I speak to business owners, entrepreneurs and CEOs, they often want to know how a small businesses can capitalize on intellectual property.  They wonder, is IP protection for big firms only?  What difference does IP make to them?  Sure, it's nice to know that IBM earns billions each year in royalty payments on its IP portfolio, but what about the rest of us?

Here's a small business success story built on IP rights.  It involves a small group of software developers led by a college drop-out.  Like many developers, they were hired to do ...   more »

View Article  Google Claims Victory in Settlement with American Blind
Google claims victory as a result of a settlement of the adword infringement claim brought by American Blind.  See New York Times report here.

Full report and copy of settlement agreement is available at Eric Goldman's Technology and Marketing Law Blog here.
   more »
View Article  Plagiarism, Fair Use and Infringement: The Meter Drops On Anthony Robbins - The Guiding Rights Newsletter 1:4
            When I speak on copyright and plagiarism, two key questions often arise:  First, how much does someone have to copy to be an infringer?  Second, how much do I risk if I copy someone else's work?  The answers are "not much" and "a lot."

            Here's a tale to illustrate the point.

             THE METER DROPS

 Wade B. Cook is a former taxi cab driver in New York City.  He did not spend his time watching soaps on a portable TV plugged into the cigarette lighter socket. Instead, he wrote.  In 1995 ...   more »

View Article  James Brown's Heirs Win Right To Sue Over Singer's Image
An Illinois court has ruled that the heirs of James Brown can proceed with their lawsuit against an Internet stock photo library for unauthorized sale of his image.  James Brown et. al. v. ACMI Pop Division et. al., No. 1-06-08709 (Ill. 1st App. Ct., August 2, 2007).
   more »
View Article  IICLE Seminar on "Hot Topics in Business Law" Features Chicago Trademark Attorney Mark Partridge
Press Release - August 2, 2007

The Illinois Institute for Continuing Legal Education (IICLE) has announced that its September seminar on "Hot Topics in Business Law" will including Chicago trademark attorney Mark V.B. Partridge.  Mr. Partridge's topic is "Intellectual Property Update: Resolving Disputes with Cybersquatters."

"I'm delighted to be part of the distinguished program," Partridge said, "both because of the quality of IICLE as a provider of continuing education in general and because of the quality and range of presentations on the hot topics program."

Mr. Partridge is a partner with the Chicago firm Pattishall, McAuliffe, Newbury, Hilliard & Geraldson ...   more »
View Article  Protecting Your Brand: The Billion Dollar Cookie - The Guiding Rights Newsletter 1:3
The billion dollar cookie is a story about the importance of brands.  Why would anyone pay a billion dollars for a cookie? 

Join me on a trip to New York to learn why.

It's Tuesday morning, June 6, 1989.  Picture yourself in a law firm conference room overlooking Manhattan.  You are Henry Kravis, the leader of the investment firm KKR, which recently captured massive public attention by completing a leveraged buyout of R.J.R. Nabisco, for $25 billion. 

You are in New York for the sale of the Nabisco European cookie, cracker and peanut business.

You're standing in that conference room ...   more »
View Article  The National Speakers Association Convention - Trademark Registration for Speakers
I arrived in San Diego for the National Speakers Association Convention mid-day on Sunday.  At the registration desk I met up with fellow NSA Illinois member Dr. Michael Mercer, an expert on pre-employment testing.  The author of numerous books and two blogs, Dr. Mercer has established himself as the go-to expert on pre-employment testing for the HR industry.  Learn more about his work and subscribe to his free newsletter at www.pre-employmenttests.com.

Dr. Mercer and I discussed a wide range of topics including trademark registration for speakers.  With the help of a live wireless internet connection, I took ...   more »
View Article  National Speakers Association Convention Starts July 9
I will be leaving today for San Diego to attend the National Speakers Association Annual Convention.  I attended my first local chapter meeting of NSA five years ago at the invitation of my friend and former neighbor Cyndi Maxey when she began her term as chapter president.  I found it an inspiring group, both for development as a practicing lawyer and for developing as a speaker.  I've stayed active since.  In fact, I have been elected president of the Illinois chapter, taking the helm at the start of this month.  I'll report more about the convention as the week ...   more »
View Article  Four Hour Work Week Faces Infringement Problems
For those of you who want to change your life or simply dream about doing so, I recommend you check out the new best seller "The Four Hour Work Week" by Tim Ferris.  Learn more about it at his site here.

His latest blog entry shows that even people who only work four hours a week face infringement problems.  He writes:

It has also come to my attention that a number of individuals are using the 4HWW content and trademarks to sell derivative products, primarily online (even linking from my forums!). This includes using the 4HWW trademarks in GoogleAdwords ...   more »
View Article  Domain Name Parking A Growing Industry
Domain name parking is a rampant trend, attracting a wide range of entrepreneurs and media attention, as demonstrated by this story in the New York Times: "More than just squatting (on domain names," by Louise Story.
   more »
View Article  Small Firms May Survive After All
Sun Microsystems GC Mike Dillon has a blog called "The Legal Thing: Notes from a General Counsel."  A recent post gives hope to attorneys in small specialized firms.  Mr. Dillion notes how the law firm's role as an aggregator of legal talent has decreased in importance with the growth of effective Internet communication.  His interesting post "The Way of the Mastodon" says, in part:

"Let me begin by asking - what is the function of the law firm? My view is that law firms serve primarily as aggregators of specialized legal expertise. . . . this ...   more »

View Article  ABC Retreats on "Sam I Am" after Dr. Seuss Objects
Dr. Suess remains vigilant in protecting his trademarks and copyrights (you will remember the battle against Dr. Juice and The Cat Not In The Hat).

Now ABC has backed off use of the name "Sam I Am" after objection.  More available in this story from AHN.
   more »
View Article  Intellectual Property Trials Disappear
During final preparation for my Illinois State Bar Association program on "ADR in IP" I checked recent federal court statistics on trials for IP cases.  I was amazed.

We've all heard about the declining number of federal court trials overall.  For the period ending September 30, 2006, the percent of cases terminated during or after trial was down to 1.3%.

The figures on IP cases is even more astounding.  For the same period the number of IP cases terminated during or after trial were:

16 Trademark
23 Copyright
71 Patent

For the entire federal system!

Where have all the trials ...   more »
View Article  "Disinfectable" Is Generic
Wouldn't life be different if your clients started with a protectable mark?

A recent case decided by the 9th Circuit is a good example.  Rudolph International Inc. v. Realys, Inc., 82 U.S.P.Q.2d 1375 (9th Cir. 2007).

The plaintiff started using the term "disinfectable" for nail files in April 2001.  The term was used as a descriptor with established brand names such as SOFT TOUCH, LES MIRAGES and QUADMETRICS.  The company's founder advocated industry use of the term to replace "sanitizable."  An application for trademark registration was rejected the Trademark Office.

These facts notwithstanding, the plaintiff brought suit against use ...   more »
View Article  PepsiCo Loses Blue Storm Ruling in China
Forbes.com reports on "Mosquito v. Pepsico."  A high court in China ruled against Pepsico in favor of a local beer company over the use of BLUE STORM.  Read more at forbes.com.
   more »
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